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Madras High CourtWP(MD)/25198/2025allowed

The Secretary v. The Director Of School Education

2025-09-16Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.25198 of 2025 and W.M.P(MD)No.19752 of 2025 The Secretary, Karapettai Nadar Higher Secondary School, Thoothukudi - 628 001, Thoothukudi District.

... Petitioner Vs.

1. The Director of School Education DPI Complex, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Chief Educational Office, Thoothukudi District.

3. The District Educational Officer, District Educational Office, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd and 3rd respondents herein to register forthwith the extension of the term of the 1/6

present Secretary of the petitioner school (Thiru M.G.M. Ramesh) for the period till the appointment of the new Secretary, by considering the petitioners representation to the 3rd respondent District Educational Officer dated 02.09.2025.

For Petitioner : Mr.Isaac Mohanlal Senior Counsel for M/s.Isaac Chambers For R1 to R3 : Mr.P.T.Thiraviyam

ORDER

The writ petition is filed seeking a direction to the respondents 2 and 3 to register forthwith the extension of the term of the present Secretary of the petitioner school (Thiru M.G.M. Ramesh) till the appointment of the new Secretary, by considering the petitioners representation to the 3rd respondent District Educational Officer dated 02.09.2025.

2. Mr.P.T.Thiraviyam, learned Government Advocate takes notice on behalf of the respondents 1 to 3.

3. The facts as set out in the affidavit filed in support of the writ petition are as follows:- 2/6

The petitioner would submit that he is the Secretary of Karapettai Nadar Higher Secondary School, which is an aided educational institution registered in the name of Thoothukudi Nadargal Kalvi Sabai, hereinafter referred to as 'Kalvi Sabai'. The said Kalvi Sabai was originally established by Thoothukudi Vadadhisai Hindu Nadar Mahamai Dharma Karapettai Paripalana Sangam, hereinafter referred to as 'Parent Society'. He would submit that the Parent Society would elect 37 members for the Kalvi Sabai once in three years and the school committee will be selected by the 37 elected members. However, as per the Bye-law of the Parent Society, the existing officer bearers can hold the office till the new members are elected. He would further submit that he sent a representation to the 3rd respondent dated 02.09.2025, seeking extension of his tenure based on the Bye-law of the said society. However, the same has not been considered to date and hence, the petitioner has come before this Court.

4. The learned Senior Counsel appearing for the petitioner by relying on the earlier orders passed by the respondents dated 16.10.2012 would submit that extension of tenure to the post of Secretary was granted to similarly placed persons.

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5. The order is passed in the presence of the learned counsel on either side.

6. Taking into consideration the Bye-laws of the society and the earlier orders passed by the authorities on 16.10.2012, the respondents are directed to grant extension to the petitioner by considering his representation dated 02.09.2025 and pass final orders on merits and in accordance with law within a period of two weeks from days from today.

7. With the above observations and directions, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

16.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Director of School Education DPI Complex, College Road, Chennai - 600 006.

2. The Chief Educational Officer, Chief Educational Office, Thoothukudi District.

3. The District Educational Officer, District Educational Office, Thoothukudi District.

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P.T.ASHA, J.

rgm W.P.(MD).No.25198 of 2025 and W.M.P(MD)No.19752 of 2025 16.09.2025 6/6